AFRICA - House Foreign Affairs Committee Democrats

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as ‘‘associations’’ connected with established NGO’s so that their executive bodies
would not be subject to government interference.
Amnesty International, Transparency International, and the International Committee
of the Red Cross operate in the country. The Government generally does not
discourage representatives of international human rights groups from visiting the
country.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, Language, or Social
Status
The Constitution provides that ‘‘every person in Zimbabwe’’ is entitled to fundamental
rights whatever his race, tribe, place of origin, political opinions, color, creed,
or sex; however, domestic violence and discrimination against women, abuse of children,
and discrimination against the disabled remained problems. There were continuing
reports of ritual murders associated with traditional religious practices. The
President and his Government attempted to exacerbate resentment of the economically
prominent white minority.
Women.—Domestic violence against women, especially wife beating, is common
and crosses all racial and economic lines. It extends throughout the country and at
times results in death. According to Women in Law and Development in Africa
(WILDAF), domestic violence accounted for more than 60 percent of murder cases
tried in the Harare High Court in 1998. The Musasa Project, a women’s rights organization,
established the country’s first shelter for victims of domestic violence in
Harare in 1997; it can accommodate up to 20 women at a time. The Musasa Project
provided services to an estimated 3,147 clients at its Harare office in 1999, 61 percent
of whom were female victims of domestic violence; 40 percent of those who were
assisted were minors, victims of rape or incest. The Musasa Project reports that 54
percent of the women counseled for domestic violence have sexually transmitted diseases,
including many with HIV/AIDS.
There continued to be reports of rape, incest, and sexual abuse of women. Although
the Harare press reported a slight decrease in the number of reported rape
cases during the year, the Musasa Project believes that the actual number increased
because of an increase in the number of divorced women and women escaping spousal
abuse. At least eight cases of politically-motivated rape were reported in the preelection
period; human rights groups estimate that the actual number of politicallymotivated
rape may be closer to 800, including incidents of gang rapes of young girls
and elderly women and rapes of female farm workers and health care workers (see
Section 1.c.). Women face many obstacles in filing reports of rape. Many police stations
are not prepared to handle properly the investigation of such cases. In addition,
women are reluctant to file reports because of the social stigma of rape. Women’s
groups believe the actual number of rapes is underreported greatly. When cases
go to court, lengthy sentences for rape and wife beating generally are imposed. However,
a ‘‘binding over’’ order (an order to appear in court to respond to an accusation
of violent behavior) is issued based only on actual physical abuse and not on threats
of violence. Courts also do not have the power to oust an abusive spouse from a matrimonial
home. Systemic problems and lack of education often mean that police do
not respond to women’s reports or requests for assistance. The Ministry of Justice
is considering draft legislation that would increase the penalties for sexual abuse,
including rape of a spouse.
Since independence the Government has enacted major laws aimed at enhancing
women’s rights and countering certain traditional practices that discriminate
against women. However, women remain disadvantaged in society. Illiteracy, economic
dependency, and prevailing social norms prevent rural women in particular
from combating societal discrimination. Despite legal prohibitions, women still are
vulnerable to entrenched customary practices, including the practice of pledging a
young woman to marriage with a partner not of her choosing, and the custom of
forcing a widow to marry her late husband’s brother.
The Legal Age of Majority Act (LAMA) and the Matrimonial Causes Act recognize
women’s right to own property independently of their husbands or fathers. While
unmarried women may own property in their own names, women married under
customary law are not allowed to own property jointly with their husbands. The Administration
of Estates Amendment Act, which came into effect in October 1997, removed
inheritance laws unfavorable to widows. Women’s groups regard the act as
a major step toward ending the unfair and unequal distribution of inherited assets
for women. The President signed the new Inheritance Amendment into law in 1998;
however, in February the Supreme Court upheld a magistrate court decision that,
under customary ethnic law, a man’s claim to family inheritance takes precedence
over a woman’s, regardless of the woman’s age or seniority in the family. The Court
cited Section 23 of the Constitution, which allows discrimination against women
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